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- Eastern Cape Health MEC Sindiswa Gomba and 10 others were released on bail of 1,000 rand.
- They face a series of charges, including fraud and corruption, after allegedly diverting 10 million rand on the pretext that it was for Nelson Mandela’s funeral arrangements.
- Prime Minister Oscar Mabuyane has taken note of the charges against Gomba and is taking it seriously.
Eastern Cape Prime Minister Oscar Mabuyane will make a decision on Health MEC Sindiswa Gomba after he appeared in court on Friday.
She faces a number of charges, including fraud, corruption, and money laundering.
The case is related to 10 million rand allegedly diverted from Buffalo City Township on the pretext that it was a budget for Nelson Mandela’s funeral arrangements.
Gomba was a municipal councilor at the time.
In a statement on Friday, Mabuyane said he took note of the charges and Gomba’s appearance in court, adding that he is taking the case very seriously.
“Now that Ms. Gomba has been charged by the NPA and released on bail, the prime minister will investigate this matter and will soon communicate his decision to the people of the province.
“It is worth noting that when the prime minister appointed Ms Gomba to this position, she was not facing any charges because the NPA provisionally dropped the charges against her,” her office said.
The defendants are Gomba, regional president of the ANC in Buffalo City, Phumlani Mkolo, former mayor Zukisa Ncitha, former council president Luleka Simon-Ndzele, former deputy mayor Themba Tinta, Tembelani Prideaux Sali, Ondela Vatile Mahlangu, Viwe Vazi, Zintle Nkuhlu, Nosiphiwo Mati and Nqaba Ludidi.
They also face a charge of violation of the Municipal Financial Management Law.
There are 15 people charged, but only 11 were present in the dock on Friday.
They were charged, along with Vazi and Mati’s respective companies, Forty Wings Lodge CC and Mpidos Emergence and Training CC.
Another suspect, Dean William Fanoe, whose company is Mantella Trading 522 CC, will also be charged. He did not appear in court because he adheres to Covid-19 protocols.
The charge sheet alleges that following Mandela’s death on December 5, 2013, the defendants hatched a scheme to defraud the municipality of R10 million.
Although R5.9 million was successfully transferred to the defendants, the municipal administrator, Andile Fani, stopped the additional payment of R4.1 million.
According to the charge sheet, on December 6, 2013, before the municipality had an opportunity to officially consider contracting services for the funeral, Mkolo arranged with a service provider, Mzwandile Sokwali of Victory Ticket 750 CC, that Victory Ticket would present an inflated quote. to transport the mourners to various places.
Sokwali was allegedly asked to obtain a quote from another service provider, for an amount higher than Victory Ticket’s quote. This was done, and MNI Transport also submitted a quote, worth R10 580,000.
It is alleged that the municipal officials acted with a common purpose to defraud and manipulate the municipal procurement processes through illegal detours in order to secure the appointment of Victory Ticket.
In addition, Nkuhlu, Mati and their company, Mpidos, received the proceeds of illegal activities, as agreed between Mkolo and Sokwali.
According to the charge sheet, the plan was, first, to trick the council into agreeing that it was expected to make funds available for the transportation of mourners to various locations, where memorial services would be held. Then, to manipulate the situation so that the funds could be used for purposes other than those for which they were officially approved.
In December 2014, Sokwali and his company, Victory Ticket, pleaded guilty to fraud and money laundering after entering into a plea and sentencing agreement with the state. He was fined 100,000 rand, with 50,000 rand suspended and sentenced to five years in prison, with a total suspension of five years.
On Friday, prosecutor Ulrike De Klerk told magistrate Annemarie Elliot that the state does not oppose bail on the five-crime schedule.
The defendants were released under strict conditions of bail, including that they must appear before the investigator of the case every Sunday, until the end of the trial.
They must provide physical addresses and, if they need to change their address, they must inform the investigating officer. Nor should they request any travel documents. They were given five days to hand over their passports.
The defendants were also warned to refrain from speaking or interfering with any of the 33 state witnesses.
“If you do not appear in court or do not meet the conditions of the bond, you will be charged a fine of R20,000 or a year in prison,” Elliot said.
Elliot postponed the case until March 5 so that copies of the file would be provided to the defense and for the four absent defendants to be included in the case.
READ ALSO | Mandela’s funeral ‘spending irregularities’: Eastern Cape NPA tentatively drops charges
The trial began in 2014, and along the way it has seen postponements and the dropping of charges against some of the defendants.
On Friday, Nyameko Diniso, the lawyer representing Mkolo, Nkuhlu, Mati and Ludidi, asked the court to make him understand why the four were back in court when the NPA dropped the charges against them on May 13, 2019. .
Diniso told Elliot that the charges were dropped after his clients made presentations to the NPA and the director of public prosecution.
Elliot told Diniso to take the matter to the magistrate of Court A, where it would be discussed next.
Called for comment, NPA spokesperson Sipho Ngwema said the charges were provisionally dropped, based on insufficient evidence, but that does not mean the defendants were acquitted.
“This is now a new trial and there is sufficient evidence to prosecute them on the charges brought. The allegations are clear and substantiated,” Ngwema said.
Upon entering the court, an angry Gomba lashed out at the journalists.
“Please feel free to take photos openly, don’t steal the photos. I know you are here for me, you have made this case my case alone. You are emotionally abusing us to sell your papers. Go ahead, play with people’s feelings to sell their newspaper, “he said.
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